When a child is born, both parents have a legal duty to provide for them until the age of majority. In New York, children are entitled to parental support until they turn 21, marry, join the military or find a source of income. Thus, should parents separate or divorce while having underage children, the court will have to determine set a child support amount during the divorce process.
The exact amount of child support depends on a number of factors. Some states have child support calculators in place while others do not. Here are the factors the court does take into account when determining child support in New York.
Both parents’ income
The court will take into account the income, or earning ability, of both parents when determining child support. And if a parent is underemployed or voluntarily unemployed, the court will look into their education and experience to determine child support amount based on what they would reasonably earn if they were working. The idea is to ensure that every parent pays a fair share of their child support obligation.
As expected, the custodial parent will incur more expenses to meet the child’s needs. As such, they will be the default recipient of child support payments. That said, the non-custodial parent may be entitled to a child support payment subject to the nature of the custody arrangement and the income of both parents.
The child’s needs
Every child has specific needs based on their age and medical status. For instance, the court may set a certain amount to go towards daycare expenses if the child in question is too young to go to school. And if the child has special medical needs, then the court will certainly make a ruling on how this expense will be shared by both parents.
Child support is usually one of the most contentious issues during divorce or separation. These are some of the factors the court may take into account when determining child support payments.